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(영문) 서울고등법원 2018.04.12 2017노3660
성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Sexual assault against the defendant for forty hours.

Reasons

1. The defendant asserts that the judgment of the court below against the summary of the grounds for appeal (the imprisonment of one year and six months, and completion of a sexual assault treatment program 40 hours) is too large, and that the amount of the punishment is unreasonable. The prosecutor asserts that the amount of the punishment is too uneasible and the amount of the punishment is unreasonable.

2. The judgment of the defendant, knowing that the victim F was in a mental disorder, she forced the victim F to be off the clothes of the victim by force while leaving the victim F in the DVD room, and she was in contact with the question of the victim's sexual organ after walking the chest, fry, and resistance, is very serious and a crime is committed.

And it is also important to transmit text messages that cause sexual humiliation to other victims who have intellectual disabilities.

The victims suffered considerable sexual humiliation and psychological pain due to the Defendant's crime.

However, the defendant is still unable to receive the statement from the victim F and J.

Furthermore, at the time of committing the crime, the Defendant had already been sentenced to observe the juvenile protective disposition as part of the juvenile protective disposition.

Therefore, it is necessary to sentence the defendant imprisonment for the edification of the defendant.

However, the defendant has recognized all of the crimes, reflects the depth of the defendant, 19 years of age, and has no record of the same kind.

In particular, in the appellate trial, the mother of the victim H want to use the defendant in consideration of the defendant's unsound family circumstances and the defendant's wife to this court.

In light of the aforementioned various circumstances, Defendant’s character and conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions revealed by the appellate court, including the circumstances after the crime, etc., the lower court’s punishment was too unreasonable and the amount of the punishment was determined unfairly. Thus, Defendant’s assertion is with merit.

3. The Defendant’s appeal is with merit, and the lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act.

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